The USCIS has just announced that it received 172,500 H-1B cap-subject petitions for this year’s H-1B cap. The H-1B cap is 85,000, of which 20,000 are reserved for graduates of US Masters Programs. Essentially the USCIS received 200% of the H-1B cap allocation. Put another way, only 50% of the H-1B petitions will be accepted under the H-1B lottery.

The USCIS has inputted all 172,500 and processed the H-1B lottery for both the H-1B masters cap and the H-1B regular cap. The USCIS has not yet announced when it will notify H-1B lottery winners and losers, although the Premium Process Service petitions should start being notified by April 28.

A higher percentage of masters cap H-1B petitions are accepted than H-1B regular cap petitions because H-1B master cap petitions that do not win the H-1B masters lottery are re-submitted into the H-1B regular cap lottery.

As soon as MU Law begins receiving confirmation of H-1B lottery winner and losers will immediate contact our clients.

The Department of State has just released the March 2014 Visa Bulletin. This is the sixth Visa Bulletin of the 2014 US Fiscal Year, which began on October 1, 2013.

The biggest news is that the Philippine EB-3 number has surged ahead to November 2007, a promotion of almost six months. Other than that the Visa Bulletin dates remained approximately where they were in the April 2014 Visa Bulletin.
The Chinese EB-2 and EB-3 continued to be flipped: the Chinese EB-2 is worse than the Chinese EB-3. Chinese nationals who are EB-2 may be able to file an EB-3. Chinese EB-3s should check with their attorneys to effect this change.The Chinese EB-3 mirrors the All Other EB-3.

The White House yesterday has announced a series of notable improvements to the nation’s business immigration scheme. The main one of interest to readers of this blog will be that certain H-4 visa holders will be authorized to receive employment authorization cards (EAD cards). These EAD cards will allow these H-4 workers to work at any US employer for the duration of the validity of the card. The period of validity is expected to mirror the H-1 primary Beneficiary’s period of validity.

However the press release limits the work authorization to “spouses of certain high-skill workers on H-1B visas.” The press release does not define “high-skill workers” and so it is unclear if the White House means STEM workers, all H-1B workers, or some other definition.

That language appeared to limit H-4 EAD authorization only to spouses of H-1Bs who were stuck in their H-1B beyond six years because of retrogression. It remains to be seen what the White House means by this latest press release. Nonetheless yesterday’s announcement clearly is a step in a positive direction.

In a surprise to no one, USCIS announced today that it has reached the H-1B cap for both the regular and master’s cap. The USCIS is expected to hold an H-1B lottery within the next week.

If your H-1B petition is filed under the Premium Processing Service (PPS) you should hear of its acceptance no later than April 28. However if your PPS petition is not accepted, it may take until mid-May before you find out that the case was not accepted under the H-1B lottery.

Reminder: The PPS does not give a petitioner any greater chance at winning the H-1B lottery, but it does allow for speedier notice and decision-making.If your H-1B petition is filed under the Regular Processing path it may be until May or even June before your find out if your H-1B petition is accepted under the lottery or not. Last year it took about 10 weeks before all H-1B petitioners were notified of their acceptance or rejection.

The H-1B cap will be reached this year on its first day of eligibility. MU Law expects around twice as many H-1B petitions as allowed will be filed this year. We are basing this projection on our internal H-1B cap filings, discussions with other AILA attorneys, our historical experience with H-1B numbers since the mid-1990s, and media sources. That having been said, our projection is not a scientific one. Indeed, no one knows exactly how many H-1Bs will be received.

The H-1B cap petitions will be divided into two categories: (1) Those who have graduated from US Master Degree programs; and (2) all other H1-B cap-subject petitions (“regular H-1B cap”). The US Masters category has a quota of 20,000 H-1B petitions. The regular H-1B cap has a quota of 65,000 H-1B petitions.

If a petitioner wants know sooner, the H-1B may be filed via the Premium Processing Service (PPS). The PPS does not give a petitioner any greater chance at winning lottery, but it does allow for speedier notice and decision-making.